THIRD SECTION

DECISION

Application no. 17749/02 by Kemal AYDIN against Turkey

The European Court of Human Rights (Third Section), sitting on 22 March 2007 as a Chamber composed of:

Mr B.M. Zupančič , President , Mr C. Bîrsan , Mr R. Türmen , Mrs E. Fura-Sandström , Mrs A. Gyulumyan , Mr E. Myjer , Mr David Thór Björgvinsson , judges ,

and Mr S. Quesada , Section Registrar ,

Having regard to the above application lodged on 8 February 2002,

Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together ,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Kemal Aydın , is a Turkish national who was born in 1961 and lives in İ stanbul . He was represented before the Court by Ms M. Tepe and Ms D. Bayır , lawyers practising in İ stanbul .

The facts of the case, as submitted by the parties, may be summarised as follows.

On 3 June 1995 the applicant was arrested and taken into police custody on suspicion of his involvement in the activities of an illegal armed organisation. On 29 June 1995 he was brought before a judge who ordered his remand in custody.

The public prosecutor at the Istanbul State Security Court in his indictment, dated 10 July 1995, accused the applicant of membership of an illegal organisation, extortion and of throwing Molotov cocktails on seven different occasions. The charges were brought under Articles 168 § 2 and 264 of the Criminal Code.

On 25 July 1995 the criminal proceedings commenced before the İstanbul State Security Court. Until 8 August 2001 the court, taking into account the content of the case file and the state of the evidence, decided to prolong the applicant ’ s remand in custody at the end of each hearing. On that date, the court, taking into account the nature of the accusations, the state of the evidence and the amount of time already spent in detention, decided to release the applicant pending trial.

Subsequent to the promulgation of Law no. 5190 on 16 June 2004, which abolished the State Security Courts, the İstanbul Assize Court acquired jurisdiction over the applicant ’ s case. The case is still pending before this court.

COMPLAINTS

The applicant complained under Articles 5 § 3 and 6 § 1 of the Convention about the length of his remand in custody and the length of the criminal proceedings.

The applicant argued under Article 13 in conjunction with Articles 5 § 3 and 6 § 1 of the Convention about the lack of an effective domestic remedy.

The applicant alleged under Article 14 in conjunction with Article 6 of the Convention that he was discriminated against because he was charged with crimes committed against the State.

THE LAW

On 23 February 2007 the Court received the following declaration from the Government:

“I declare that the Government of Turkey offer to pay ex gratia EUR 7,000 (seven thousand euros) to Mr Kemal Aydın with a view to securing a friendly settlement of the application registered under no. 17749/02. This sum shall cover any pecuniary and non ‑ pecuniary damage as well as costs.

This sum will be payable within three months from the date of the decision by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. It shall be paid in euros, to be converted into new Turkish liras at the rate applicable at the date of payment, to a bank account named by the applicant, free of any taxes and charges that may be applicable. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay, until settlement, simple interest on the amount at a rate equal to the marginal lending rate of the European Central Bank during the default perio d plus three percentage points.

The payment will constitute the final resolution of the case.”

On 19 February 2007 the Court received the following declaration signed by the applicant:

“I note that the Government of Turkey are prepared to pay ex gratia the sum of EUR 7,000 (seven thousand euros) to Mr Kemal Aydın with a view to securing a friendly settlement of the application registered under no. 17749/02. This sum shall cover any pecuniary and non ‑ pecuniary damage as well as costs.

I also note that the amount indicated will be paid, in euros, to be converted into new Turkish liras at the rate applicable at the date of payment, and free of any taxes and charges that may be applicable, within three months from the date of the decision by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

I accept the proposal and waive any further claims against Turkey in respect of the facts of this application. I declare that this constitutes a final settlement of the case.

This declaration is made in the context of a friendly settlement which the Government and the applicant have reached.”

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it sh ould be struck out of the list.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Santiago Quesada Boštjan M. Zupančič Registrar President